Chapter 3746-11 Decisions by the Board

3746-11-01 Decisional standard.

Upon completion of a hearing or review, if the commission finds that the action appealed from was lawful and reasonable, it shall make a written order affirming the action. If the commission finds that the action was unreasonable or unlawful, it shall make a written order vacating or modifying the action under appeal.

Effective: 02/25/2013
R.C. 119.032 review dates: 04/23/2012 and 04/23/2017
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.07
Prior Effective Dates: 10/23/73, 4/23/02, 7/27/07

3746-11-02 Action of commission.

(A) All rulings and orders of the commission shall be signed by at least two members of the commission.

(B) The original of all rulings and orders of the commission shall be maintained in the case file.

(C) Copies of the commission's rulings and orders shall be sent by regular mail to all parties or, if a party is represented by counsel, to their counsel. Regular mail shall mean service via the United States postal service and/or interoffice mail available to departments and agencies of the state of Ohio.

Effective: 02/25/2013
R.C. 119.032 review dates: 04/23/2012 and 04/23/2017
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.07
Prior Effective Dates: 10/23/73, 4/23/02, 7/27/07

3746-11-03 Written orders.

(A) Every final order made by the commission shall contain written findings of the facts upon which the order is based.

(B) A certified copy of every final order shall be sent by certified mail to each party to the appeal. The final order shall include a statement of the time and method by which an appeal of the final order may be taken.

Effective: 02/25/2013
R.C. 119.032 review dates: 04/23/2012 and 04/23/2017
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.07
Prior Effective Dates: 10/23/73, 4/23/02, 7/27/07

3746-11-04 Proposed findings of fact and conclusions of law.

The commission may order the parties to an appeal to submit proposed findings of fact, which include references to the appropriate exhibit or page of the transcript, and conclusions of law.

Effective: 02/25/2013
R.C. 119.032 review dates: 04/23/2012 and 04/23/2017
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.07
Prior Effective Dates: 10/23/73, 4/23/02, 7/27/07

3746-11-05 Settlement agreements and dismissals.

(A) A settlement agreement may be entered into at any stage of the proceedings prior to the issuance of a final order by the commission.

(B) When any proceeding is dismissed prior to adjudication, the journal shall be marked accordingly. All dismissals shall be with prejudice.

Effective: 02/25/2013
R.C. 119.032 review dates: 04/23/2012 and 04/23/2017
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.07
Prior Effective Dates: 10/23/73, 4/23/02, 7/27/07

3746-11-06 Final order to vacate and return.

(A) If the commission issues a final order to vacate and return any matter to the director or statutory agency for further action, such order may specify the time period within which the director or statutory agency shall act upon the order.

(B) Within seven days after the issuance of the final order provided for in paragraph (A) of this rule the director or statutory agency may move the commission for an extension of the time period specified in the final order. Such motions may be granted upon a demonstration of compelling reasons.

Effective: 02/25/2013
R.C. 119.032 review dates: 04/23/2012 and 04/23/2017
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.07
Prior Effective Dates: 10/23/72, 4/23/02, 7/27/07

3746-11-07 Actions by the director or statutory agency after final order issued.

After a final order issued pursuant to rule 3746-11-06 of the Administrative Code, the director or statutory agency shall furnish the commission with the following:

(A) The date on which the ordered action is to be taken; and

(B) The date on which hearings, if any, will be held.

Effective: 02/25/2013
R.C. 119.032 review dates: 04/23/2012 and 04/23/2017
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.07
Prior Effective Dates: 10/23/73, 4/23/02, 7/27/07